Court No. - 55
Case :- APPLICATION U/S 482 No. - 42572 of 2018 Applicant :- Ankit Saini And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Malviya Counsel for Opposite Party :- G.A.,Anil Kumar Mishra
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants, learned AGA for the State and Anil Kumar Mishra, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the summoning order dated 21.02.2017 and entire proceedings of Complaint Case No. 1330 of 2015 (Smt Kajal Saini Vs. Ankit Saini and another), under section 406 IPC, P.S. Vrindavan, District Mathura, pending in the court of A.C.J.M., Court No. 1, Mathura.
Learned counsel for the applicants submitted that now the parties have entered into compromise and no dispute is remains between the parties as on date. It is further submitted that a certified copy of settlement agreement dated 17.10.2018 has been annexed as Annexure-7 to the application. It is next submitted that one more case under sections 498A, 323, 506 IPC and 3/4 D.P. Act was pending between the parties in which on the basis of compromise between the parties, criminal proceedings have been quashed by this Court in Application U/S 482 No. 42017 of 2018 vide order dated 22.11.2018. It is also submitted that in light of settlement agreement between the parties, present proceeding may be quashed.
Anil Kumar Mishra, learned counsel for opposite party no. 2 has supported the case of the applicants. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.
In view of above, the applicants and respondents no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
The present application accordingly allowed. Order Date :- 20.12.2018 Sartaj